(2) Disposed
in licensed construction and demolition debris or other waste
facilities.

(3) Used in legitimate
fill operations for construction purposes or to bring the site up to a
consistent grade, on the site of generation.

(4) Used in legitimate fill operations for
construction purposes or to bring the site up to a consistent grade, on a site
other than the site of generation, pursuant to paragraph (C) of this rule.

[Comment: Use of clean hard fill may create a nuisance or a
safety hazard. The application of cover over the clean hard fill may be one way
to address the nuisance or safety hazard.]

(B) Clean hard fill may be stored for a
period of less than two years. For the purpose of this rule, "stored" means
debris which is held in a manner remaining retrievable and substantially
unchanged. Clean hard fill stored more than two years shall be considered
illegal disposal of construction and demolition debris. However clean hard fill
piled adjacent to a construction materials processing facility shall not be
considered stored for more than two years if the pile is active, that is, if
clean hard fill material is added to and removed from the pile within a two
year period.

(C) The person
responsible for causing clean hard fill to be used in legitimate fill
operations for construction purposes or to bring the site up to a consistent
grade, on a site other than the site of generation, shall provide a written
"Notice of Intent to Fill" to each licensing authority where the clean hard
fill is to be placed. The "Notice of Intent to
Fill" shall state the nature of the fill
material, the site to be filled, when filling will begin and end,
and the telephone number of the notifier. The notification shall be received by
each local licensing authority with sites to be filled, at least seven days
prior to filling as required by division (F) of section
3714.13 of the Revised Code. The
notifier shall provide a new Notice of Intent to Fill if there are any changes
in the information required by this rule for notification.